Skip to main content

Page Banner(Taxonomy)

judge halfenger

Greenpoint Tactical Income Fund LLC, In re

Ruling
Debtors' motion to reject a settlement agreement was granted due to significant outstandingobligations by both the debtor and the other party. (Bankr. E.D. Wis.)
Issue(s)
Executory Contracts and Unexpired Leases.

ABI Membership is required to access the full summary of Greenpoint Tactical Income Fund LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on February 21, 2020 , LexisNexis #0420-010

Schroeder, In re

Ruling
Debtor was allowed to bifurcate an undersecured mortgage claim on her principal residence asthe last payment on the original payment schedule was due before the final payment underthe Chapter 13 plan. (Bankr. E.D. Wis.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed.

ABI Membership is required to access the full summary of Schroeder, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 30, 2019 , LexisNexis #1219-023

Long, In re

Ruling
Trustee's objection to plan confirmation based on debtors' failure to file tax returns wasoverruled as returns were not due to be filed with the IRS until after the date on which themeeting of creditors was first scheduled to be held. (Bankr. E.D. Wis.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Filing of Tax Returns.

ABI Membership is required to access the full summary of Long, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 22, 2019 , LexisNexis #0919-073

Jakubiak, In re--Schouten v. Jakubiak

Ruling
Inadvertently unscheduled debt was not excepted from discharge in no-asset case absent harmto creditor. (Bankr. E.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled.

ABI Membership is required to access the full summary of Jakubiak, In re--Schouten v. Jakubiak Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 29, 2019 , LexisNexis #0619-036

Huenerberg, In re

Ruling
Debtors' objection to a claim of the IRS was sustained as the payment was not an excise taxfor a transaction. (Bankr. E.D. Wis.)
Issue(s)
Priorities; Order of Priorities; Unsecured Governmental Claims.

ABI Membership is required to access the full summary of Huenerberg, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 28, 2018 , LexisNexis #1118-009

Gospodarek, In re

Ruling
Objection to debtors' proposed plan modification was sustained where debtors did not comply with the order that required them to pay into the plan one-half of their 2016 and 2017 tax refunds for the benefit of creditors with allowed unsecured claims. (Bankr. E.D. Wis.)
Issue(s)
Modification of Plan After Confirmation; Requirements.

ABI Membership is required to access the full summary of Gospodarek, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 13, 2018 , LexisNexis #0918-117

Immel, In re

Ruling
Objection to the lien-avoidance provision of the plan sustained where Wisconsin law prohibited avoidance of a consensual lien on property. (Bankr. E.D. Wis.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; State Law.

ABI Membership is required to access the full summary of Immel, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 02, 2018 , LexisNexis #0918-045

Groth, In re

Ruling
Trustee's objection to confirmation sustained where debtor's homeowners' association dueswere not justified by special circumstances and her lack of a reasonable alternative to payingthose dues did not allow her to deduct them. (Bankr. E.D. Wis.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Presumption of Abuse; Rebuttal of Presumption.

ABI Membership is required to access the full summary of Groth, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 25, 2018 , LexisNexis #0918-019

Ali, In re

Ruling
Application for fee waiver granted as debtor was below the income-standard and his decrease in hours left him unable to pay the filing fee in installments. (Bankr. E.D. Wis.)
Issue(s)
Bankruptcy Fees; Waiver; Chapter 7 Debtor With Insufficient Income.

ABI Membership is required to access the full summary of Ali, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 05, 2018 , LexisNexis #0818-058

Bethe, In re

Ruling
Debtor's discharge would not be revoked even though the court erroneously granted the discharge. (Bankr. E.D. Wis.)
Issue(s)
Discharge.

ABI Membership is required to access the full summary of Bethe, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 08, 2017 , LexisNexis #1017-054